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Calcutta High CourtMAT/452/2020disposed

Puran Devi Balmiki & ANR v. State Bank Of India & ORS

2021-04-08Hon'Ble Justice Arindam Sinha,Hon'Ble Justice Suvra Ghosh2 pages

08.04.2021 Item No. 27 Ct. No. 04 PG M.A.T. 452 of 2020 With I.A. no. CAN 2 of 2020 r Smt. Puran Devi Balmiki & Anr.

Vs.

State Bank of India & Ors.

Mr. Kishore Mukherjee........for applicants/appellants Mr. Subrata Kr. Sinha.......for respondents The application for appropriate order is up for hearing. Applicants/unsuccessful writ petitioners and respondent/bank are both represented. Mr. Mukherjee, learned advocate appears on behalf of applicants/appellants while Mr. Sinha, learned advocate appears for respondents. We have their consent to deal with the appeal itself, on dispensation of all formalities including requirement of service of notice of appeal. Mr. Mukherjee submits, his clients are the widow and son of the deceased employee. He relies on letter dated 7th August, 2014, issued by Government of India, Ministry of Finance to the Chairman, Indian Banks' Association (IBA), informing decision of approval of the Government on the proposal of IBA, to open compassionate appointment in public sector banks on the lines of Central Government and discontinuing

provision of ex gratia in lieu of compassionate appointment in PSBs. He submits, in spite thereof appropriate changed policy was not adopted by the bank, leading to his clients being deprived of being considered for compassionate appointment. Mr. Sinha submits, the bank has acted in accordance with the policy in place. He points out that the employee died two months prior to achieving age of superannuation. Retiral benefits and ex gratia payments were made and family pension is being paid.

We have perused impugned order. We have no reason to interfere. The same is confirmed for the reasons given therein.

The appeal is found to be without merit. It is dismissed. The application (I.A. no. CAN 2 of 2020) is accordingly disposed of.

Mr. Mukherjee submits, there be direction for payment of ex gratia amount. We find that there is record of applicants having said that the amount was directly credited to their bank account. If not, the bank will forthwith cause the payment to be made.

( Arindam Sinha, J.) (Suvra Ghosh, J.)